Work Injury: How to Claim Compensation

by Paramount Lawyers Paramount Lawyers

If you are injured at work or, in some cases en route to work or doing work related tasks, you may be entitled to compensation. Specific steps apply to making a claim and it is important to follow them carefully. Keep on reading to find out how to claim compensation.

Injured workers are entitled to:

compensation to replace their income while recovering from injuries.
reimbursement for medical treatment.
work-related rehabilitation, which includes modification of work duties and workplaces and sometimes access to physiotherapists, occupational therapists, and vocational retraining programs.
death benefits, funeral costs and special provisions for children.
lump sum compensation in the case of permanent impairments for the loss of functions (eyes, ears, limbs body functions, disfigurements, pain and suffering).

How to Claim Compensation Step-by-Step

When you're injured, you have to ensure that you act fast, because in some cases, time limits apply.

Step 1: Get Medical Treatment

First of all, get the required medical treatment right away. Inform your doctor about how the incident took place so that it can be noted on the medical record.

The doctor should complete and mail a preliminary medical report to the District Office on Form Doctor’s Initial Report (C-4) within 48 hours.

Step 2: Gather Evidence

Although Australia has a no-fault system, it is always handy to gather evidence as to how the injury occurred. Also, notify your employer of the accident within 30 days in writing. You will have to mail a completed claim form to the Board on Form Employee Claim, addressed to the appropriate and specific Board District Office. The company then has 10 days to report the injury to the board and to the insurance company.

Step 3: Insurance provider explains rights

The insurance company will give the injured claimant a written statement that outlines the worker's legal rights.

Step 4: Payment of benefits commences

If 7 days have been exceeded, and within 18 days of receipt, payment of benefits can commence. In the event of a dispute, the insurer will notify the Worker's Compensation Board or their representative of the matter, as well as all other parties involved.

Step 5: Submit a 45 day progress report

The Doctor's Progress Report must be submitted to the Board, and after 12 weeks, the insurer should consider rehabilitation for treatment, if applicable.

It is usually a good idea to speak to a professional, experienced lawyer about how to claim compensation.